Issue: Whether MCL 168.615c, which was enacted by the
Legislature with a vote of less than two-thirds of the members of each house, violated
Michigan Const 1963, art 4, § 30. Article 4, Section 30 of the Constitution requires that any "appropriation of public money or public property for local or private purposes" be passed by the state legislature by a 2/3 vote. MCL 168.615c requires, among other things, that electors indicate in writing which political party ballot they wish to vote in presidential primaries. As a consequence of MCL 168.615c, the political parties are given access to certain information gathered at public expense in order to support or oppose candidates.
Another issue in the case is whether the statute violates the Purity of Elections Clause in Michigan's Constitution (Const 1963, art 2, § 4) which requires the legislatures to enact laws "to preserve the purity of elections." Plaintiffs argue that MCL 168.615c violates this clause because only the two major political parties are entitled to the information gathered under the provision.
An imporant aspect of this legal challenge is its effect on the state's planned January 15, 2008, presidential primary.

Status: Plaintiff's complaint was dismissed by the Michigan Supreme Court in a decision issued on November 21, 2007.

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.eduPlease note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.eduPlease note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631